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Res 90-213RESOLUTION NO. 90-213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY DETERMINING THAT PUBLIC IMPROVEMENTS FOR THE POWAY CORPORATE CENTER PROJECT ARE OF PUBLIC BENEFIT TO THE PAGUAY REDEVELOPMENT PROJECT AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED AND DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID PUBLIC IMPROVEMENTS WHEREAS, the Poway Redevelopment Agency (the "Agency") is authorized to conduct redevelopment activities within the Paguay Redevelopment Project Area (the "Project Area"), which activities include funding the construction of public improvements; and WHEREAS, the Agency desires to enter into an Owner Participation Agreement (the "Agreement") with Tech Business Center, a California general partnership (the "Participant"), which Agreement provides for the construction of certain public improvements (the "Improvements") in the Poway Corporate Center Project; and WHEREAS, the Redevelopment Plan for the Project Area authorizes and directs the Agency to pay all or part of the value of the acquisition and construction of public improvements, which are enumerated in materials referenced in the Redevelopment Plan and which includes street improvements; and WHEREAS, the Agency desires to contribute toward the cost of the public improvements enumerated in the Agreement; and WHEREAS, California Health and Safety Code Section 33445 provides that the redevelopment agency may, with the consent of the legislative body, pay all or part of the value of public buildings, facilities, structures or other improvements upon a finding that such public improvements are of benefit to the Project Area or the immediate neighborhood in which the Project is located and that there is no other reasonable means of financing such public improvements available for the community; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed Agreement and believes that the construction of public improvements pursuant to the subject Agreement are in the best interests of the City and the health, safety and welfare of its residents. NOW, THEREFORE, the City Council of the City of Poway does hereby resolve as follows: Resolution No. 90-213 Page 2 Section 1: Pursuant to Health and Safety Code Section 33445: (i) the provision of the Improvements is of benefit to the Project Area and the neighborhood in which such Improvements are to be situated; and (ii) no other reasonable means of financing the Improvements are available to the City of Poway. PASSED, APPROVED, and ADOPTED this 27th of November , 1990 by the following vote: day AYES: BRANNON, EMERY, GOLDSMITH, HIGGINSON NOES: NONE ABSENT: KRUSE ABSTAIN: NONE Mayor of the ~i~y of Poway ATTEST: City 11/21/90 2615u/2468/007 -2- Resolution No. 90-213 Page 3 I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. ~0~213 , was duly adopted by the City Council at a meeting of said City Council held on the 27th day of N0v~mber , 1990, and that it was so adopted by the following vote: AYES: BRANNON, EMERY, GOLDSMITH, HIGGINSON NOES: NON E ABSTAIN: NONE ABSENT: KRUSE Marj~.ri~ K. Wahlsten, City Clerk City ~) Poway